Worley said he would file the motion based on an external complaint filed with the state electoral council by John F. Banzhaf III, a professor of law at George Washington University.
Banzhaf and other legal experts say Trump’s calls could conflict with at least three state criminal laws. One is the criminal solicitation to commit electoral fraud, which can be a crime or misdemeanor.
There is also a related conspiracy charge, which can be prosecuted as a misdemeanor or crime. A third law, a misdemeanor offense, prohibits “intentional interference” in another person’s “performance of electoral duties”.
“My feeling, based on listening to the call, is that they’ll probably see if they get through a grand jury,” said Joshua Morrison, a former senior assistant prosecutor in Fulton County who has worked closely with Willis. “It clearly appears that a crime has been committed.”
He noted that Fulton County, which spans much of Atlanta, is not Trump-friendly territory if he faces a grand jury there.
The investigation, if passed, will be Trump’s second known criminal investigation outside of federal pardon power. He is already facing an investigation of criminal fraud in his finances by the Manhattan District Attorney, Cyrus R. Vance Jr. Even Georgia Republican Governor Brian Kemp does not have the power to forgive at the state level, although there is no guarantee that he would have to issue a pardon anyway, given his strained relationship with Mr. Trump. However, in Georgia, pardons are dealt with by a state council.
The question of whether or not to indict the 45th president of the country would pose a unique challenge for any district attorney. Mrs. Willis, who took office just a few days ago, is an experienced prosecutor who is not used to the spotlight and criticism. A graduate of Howard University and Emory University School of Law in the Atlanta area, she is the first woman, and the second African American, to be a prominent promoter in Fulton County, the most populous in Georgia, with more million residents.